Effective 1 April 2017, employers that have incurred a penalty for a breach of employment standards will be included on a list provided to Immigration New Zealand (INZ) by the Labour Inspectorate.
Employers on this list will face a set stand-down period preventing them from recruiting migrant labour for six months, one year, 18 months or two years, depending on the severity of the breach.
The new measures will apply to all employers intending to recruit migrant labour, including those employers who are: supporting work visa applications and approvals in principal; seeking accredited employer status or supporting residence class visa applications based on employment; and employers who are part of the Recognised Seasonal Employer scheme.
How might employers get on the list?
How can employer receives multiple penalties at one time?
There is a maximum time employers can be placed on the list for multiple penalties issued at one time. For example, each infringement notice received at one time results in six months on the non-compliant employers list, up to a maximum of 12 months.
What about existing migrant employees at a business added to the list?
Migrant workers will not be prevented from working out their visa at a non-compliant employer. Any further visas granted will need to be for employment with an employer who does have a history of compliance with employment law.